SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: 42-56.4-1. Short title. This chapter shall be known and may be cited as the "The Medicaid Reentry Act." 42-56.4-2. Legislative findings and intent. The general assembly finds and declares that:
(1) Having access to same day and next day physical and behavioral health services is imperative to facilitate successful reentry for individuals released from incarceration;
(2) Suspending Medicaid enrollment for incarcerated individuals causes significant delays in Medicaid reinstatement upon release;
(3) Delays in Medicaid reinstatement impedes access to physical and behavioral health appointments and prescription medications upon release; and
(4) The intent of this chapter is to facilitate successful reentry by not suspending Medicaid enrollment for individuals who are incarcerated and providing Medicaid coverage for those reentering the community. 42-56.4-3. Definitions. As used in this chapter, the following words and terms shall have the following meanings:
(1) "Coverage" means and shall include, but is not limited to:
(i) Assessments;
(ii) Psychosocial counseling;
(iii) Medications, including long-acting injectable medications;
(iv) Peer support services;
(v) Discharge planning; and
(vi) Reentry services.
(2) "Medical assistance" means the medical assistance program provided by the Rhode Island medical assistance program, as defined under chapter 8 of title 40, or medical assistance provided by a managed care organization under contract with the Rhode Island medical assistance program.
(3) "Qualified inmate" means an individual who is incarcerated within the adult correctional institutions or a juvenile correctional facility. 42-56.4-4. Maintenance of medical assistance enrollment for incarcerated individuals.
(a) During the first thirty (30) days of a person's incarceration at the department of corrections or in a juvenile correctional facility, a person's incarceration status shall not affect the person's enrollment in medical assistance if the person is enrolled in medical assistance upon incarceration. The person's medical assistance enrollment shall be maintained throughout the first thirty (30) days of the person's incarceration.
(b) If a person is not currently enrolled in medical assistance upon incarceration, the executive office of health and human services, in consultation with the department of corrections, shall, upon the person's consent, determine the person's eligibility and enroll the person in medical assistance upon entry within the department of corrections. Once enrolled in medical assistance, the person's medical assistance enrollment shall be maintained throughout the first thirty (30) days of the person's incarceration.
(c) After the first thirty (30) days of the person's incarceration, the person's medical assistance enrollment is subject to suspension.
(d) The department of corrections shall, when possible, notify the executive office of health and human services of the individual's upcoming release from incarceration with sufficient time to allow the executive office of health and human services to update the individual’s enrollment in medical assistance from suspended to active status thirty (30) days prior to release. Upon receipt of the notification, the executive office of health and human services shall update the individual's enrollment in medical assistance from suspended to active status. If the person was unenrolled in medical assistance during their incarceration, the executive office of health and human services, shall, upon the person's consent, determine the person's eligibility and enroll the person in medical assistance. The individual’s Medicaid member information shall be provided to him or her prior to his or her release.
(e) Notwithstanding any provision of this section to the contrary, the executive office of health and human services shall not be required to provide medical assistance benefits to persons who are incarcerated prior to the person's release unless the executive office of health and human services obtains final approval of a demonstration waiver under § 1115 of the Social Security Act, (42 U.S.C. § 1315) from the Centers for Medicare and Medicaid Services. No federal funds may be expended for any purpose that is not authorized by the state's agreements with the federal government. The executive office of health and human services shall utilize and maximize federal funding participation when available.
(f) The executive office of health and human services shall coordinate with the managed care organizations for the purposes of reconciling any potential financial implications of maintaining active coverage for the first and last thirty (30) days of an individual's confinement.
(g) The executive office of health and human services shall require through amending current and future medical assistance managed care contracts, that the managed care organizations meet the provisions of this chapter.
(h) The department of corrections shall make reasonable efforts to collaborate with the executive office of health and human services and managed care organizations for the purposes of care coordination activities, improving health care delivery, and release planning for persons incarcerated.
(i) The executive office of health and human services and the department of corrections shall provide all monitoring and evaluation reports required under the § 1115 demonstration waiver if the Centers for Medicare and Medicaid Services waives the inmate exclusion policy in their approval of the demonstration. 42-56.4-5. Medicaid waiver for coverage of qualified inmates leaving the department of corrections.
(a) Within ninety (90) days after the effective date of this chapter, the executive office of health and human services, in consultation with the department of corrections, shall apply for a demonstration waiver, under § 1115 of the Social Security Act, (42 U.S.C. § 1315), with the Centers for Medicare and Medicaid Services to offer, when possible, a program to provide Medicaid benefits to a qualified inmate for up to at least thirty (30) days immediately before the day on which the qualified inmate is released by the department of corrections.
(b) If the waiver described in subsection (a) of this section is approved, the executive office of health and human services shall provide all monitoring and evaluation reports required under the § 1115 demonstration waiver.
SECTION 2. This act shall take effect on January 1, 2027.